THEFT

Fungible Things
Unauthorised borrowing Also: statutory offence of Unauthorised Borrowing, in terms of s.1(1) of the General Law Amendment Act 50 of 1956 Money?
S v Graham 1975 (3) SA 569 (A) S v Visagie 1991 (1) SA 177 (A)

Destruction of Property belonging to Another

THEFT IS A CONTINUING CRIME

continues to be committed as long as the stolen property remains in the possession of:
the thief somebody who has participated in the theft, or somebody who acts on behalf of such a person

2 important consequences:
(i) jurisdiction (ii) no accessories after the fact / accomplices S v Cassiem 2001 (1) SACR 489 (SCA)

ROBBERY

Definition:
Robbery consists in theft of property by unlawfully and intentionally using(a) violence to take the property from somebody else, or (b) threats of violence to induce the possessor of the property to submit to the taking of the property. = 2 acti rei

ELEMENTS OF THE CRIME

1. Theft of Property 2. through the use of either violence or threats of violence 3. a causal link between the violence and the taking of the property 4. unlawfulness 5. intention.

1. Theft of Property
All reqs for theft apply:
movable corporeal property in commercio no consent

2. Violence / Threats of Violence

Violence:
- directed against physical integrity of victim - purpose = to force victim to submit to taking of property.

Threats of violence:
(a) physical (b) immediate (c) against the victim himself Threat may be express / implied

S v Mohamed 1999 (1) SACR 287 (O)

3. Causal Link between Violence & Taking

S v Dlamini 1975 (2) SA 524 (D) at 527A-B: The violence (assault) and the theft are joint features of one crime. The key considerations justifying a conviction of this corporate crime are proof that the assault and theft formed part of a continuous transaction and that the assault was a means by which the unlawful possession was obtained.
Otherwise will be assault + theft But note: S v Yolelo 1981 (1) SA 1002 (A) 1015

Location of the Property:

Property need not be taken from person / presence of victim May be a lapse of time / distance between violence & taking

Ex parte Minister van Justisie: in re S v Seekoei 1984 (4) SA 690 (A)

BAG-SNATCHING CASES:
Previously: not robbery See: S v Mohamed 1999 (1) SACR 287 (O) Now recognised as robbery based on concept of anticipated resistance

BAG-SNATCHING CASES:
S v Mogala 1978 (2) SA 412 (A) S v Sithole 1981 (1) SA 1186 (N) S v Mofokeng 1982 (4) SA 147 (T) S v Witbooi 1984 (1) SA 242 (C)

Cellphone: S v Mati 2002 (1) SACR 323 (C) *Note: NOT p.232* S v Salmans 2006 (1) SACR 333 (C) S. Hoctor Specific Crimes SACJ Vol 19, Issue 1, 2006 p. 89-91